Technology and Constitutional Rot

I have posted a draft of my latest article, Technology and Constitutional Rot, on SSRN. Here is the abstract:Technological change affects the Constitution not only by creating new problems of constitutional interpretation, but also by changing the distribution of economic and political power. New technologies alter what governments and private actors can know, control, predict, and accomplish. When constitutional institutions fail to adapt, large shifts in power and control can lead to constitutional rot: the process by which a democratic republic becomes less democratic and less republican over time. The United States has suffered from increasing constitutional rot over the past four decades; rapid technological change has made the rot worse.Our Second Gilded Age has many similarities to the technological and economic upheavals of the First Gilded Age, which was also a period of constitutional decay. We now live in the Algorithmic Society, where public and private decision making…